Attorney makes case for Channahon dispatcher's suicide

The defense attorney in a lawsuit filed by the parents of a Channahon dispatcher who was found dead of a gunshot wound last year argued in court documents filed last week that the death indeed was a suicide.

Samantha Harer, 23, was found dead of a gunshot wound to the head Feb. 13, 2018, in her Channahon apartment. After a 10-month investigation, the Will County Coroner’s Office determined that her death was a suicide.

Harer’s parents, Heather and Kevin Harer, now are trying to revive a lawsuit they originally had filed in October, arguing that their daughter’s death was not a suicide and her boyfriend, Crest Hill police officer Felipe “Phil” Flores, was responsible. Flores was the only other person in Harer’s apartment at the time of her death and was the one who called 911.

James Murphy, an attorney with the Joliet firm Mahoney, Silverman &amp; Cross who represents the village of Channahon, wrote to the Harers’ lawyer, Jennifer Bonjean, arguing that the death investigation by the Will Grundy Major Crimes Task Force was “extensive.” He also said that Bonjean’s motion for relief of judgment on the initial lawsuit omitted facts, including some about gunshot residue tests.

Bonjean argued that investigators told the Harers their daughter had tested positive for gun residue while Flores tested negative. They then cited news reports that found the exact opposite: Harer was negative while Flores tested positive on his right hand, the cuffs of his sleeves and the front of his sweatshirt. According to Murphy and affidavits from Channahon Deputy Police Chief Adam Bogart and Chief Shane Casey at a Dec. 28 meeting with Heather and Kevin Harer about the investigation’s findings, there was no discussion about gunshot residue on Flores.

In his response, Murphy said this assertion “neglects other significant evidence,” such as initial field testing showing both Harer and Flores tested negative for gunshot residue.

Murphy also responded to Bonjean’s claim that the investigation was a “cover-up.” He said investigators sent test samples to the Illinois State Police crime laboratory for further analysis.

“This course of action is contrary to any assertion that there was a cover-up,” Murphy wrote.

Murphy said four samples from Harer and four from Flores were provided to state police. He said samples from Harer’s hands “ ‘indicate’ that she ‘may not have discharged a firearm’ ” and that “if she did discharge a firearm, then the particles were removed by activity, were not deposited, or were not detected by the procedure.” He added that her samples were taken at Presence Saint Joseph Medical Center in Joliet, where she was brought by paramedics, and although she tested negative, it could have been that particles were removed by activity or were not detected by the test.

The positive test on Flores suggested that he could have been in the room where the gun was discharged immediately after Harer was shot. Murphy argued that this would be consistent with Flores’ statement that he was in the room with Harer just after she was shot. In the 911 recording from that morning, Flores said he “came busting in” after he heard the gun go off.

He also reiterated information from police reports that explained that the blood spatter in Harer’s room indicate she was standing alone at the time of the gunshot.

Murphy also included portions of text message conversations, internet searches and electronic notes found on Harer’s personal electronics as evidence of suicidal thoughts. On Feb. 11, 2018, she researched methods of suicide using Zoloft, Xanax and a gun.

Murphy even claimed searches such as “I shot myself in the head and survived” and “best place to shoot your head” were shown to have been about 17 minutes before Flores called in the shooting. He also listed several dozen text messages from Harer to Flores and family members in the weeks before her death, in which she made references to her struggles with mental health problems and feelings of worthlessness, as well as troubles in her personal relationships.

According to Murphy’s account, Harer’s father told police that she had not made any suicidal threats in the past.

Murphy said that investigators did not take these text messages at face value and wanted to make sure Flores was not using Harer’s phone to send them. They subpoenaed records from AT&amp;T for cell tower locations when the texts were sent. The data showed that Harer’s phone and Flores’ phone were in different locations when “many, if not all” the texts were sent.

Paul Ciolino, a spokesman for the Harer family, argued that the defense’s assertions were “inaccurate” and “flat-out wrong.” Specific to the electronic messages and notes, he said Flores had a history of demanding access to Harer’s personal devices, something her parents had said months ago. Ciolino also said Flores had access to Harer’s devices remotely.

Ciolino and Harer’s family previously have said she took medication but it was to help her sleep, as she worked odd hours as a dispatcher at the Western Will County Communications Center.

Ciolino still was confident Harer did not kill herself. He said the Harers were awaiting all of the evidence to be given to them so that they can have their own tests done on it.